Petroleum for the Inland (Wholesale) Fuel Market

L.N. 100 of 2012

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Petroleum for the Inland (Wholesale) Fuel Market

(Amendment) Regulations, 2012

IN exercise of the powers conferred by article 28(1) of the Malta

Resources Authority Act, the Minister for Resources and Rural

Affairs, after consultation with the Malta Resources Authority, has

made the following regulations:-

The title of these regulations is the Petroleum for the Citation.

Inland (Wholesale) Fuel Market (Amendment) Regulations, 2012,

and these regulations shall be read and construed as one with the

Petroleum for the Inland (Wholesale) Fuel Market Regulations, S.L. 423.28

hereinafter referred to as "the principal regulations".

Sub-regulation (1) of regulation 1 of the principal Amends

regulation 1 of

regulations shall be substituted by the following

the principal

regulations.

"(1) The title of these regulations is the Petroleum for the

Inland Wholesale Fuel Market, Bottling of LPG and Primary

Storage Facilities Regulations.".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) for the definition "competent person" there shall be

substituted the following definition

" "competent person" means a person who is

approved by the Authority and who

(a)

practices the profession of an

engineer under the Engineering Profession

Act; and

(b) who is suitably trained, has

sufficient knowledge, experience and

capability as approved by the Authority to

(i) carry

out

assessment

inspections of authorised facilities;

(ii) supervise

material

alterations to authorised facilities;

(iii) certify in writing that

authorised

facilities

are

being

maintained and operated as prescribed in

any authorisation conditions and, or

guidelines and, or Codes of Practice duly

approved by the Authority;

(iv) certify in writing the

design, construction, testing and

commissioning of equipment and, or

sites intended to be designated by the

Authority as authorised facilities;

(v) carry out other work of a

technical nature that is complimentary or

ancillary to the above;"; and

(b) for the definition "material alterations" there shall be

substituted the following definition

"material alteration" means any alteration which,

within the limits of the applicability of the authorisation,

may in the opinion of the Authority reasonably affect the

operation of an authorised facility and includes the

addition, change, removal, repair, replacement or cessation

of use of any equipment, whether electrical or

mechanical;".

Regulation 33 of the principal regulations shall be

renumbered as regulation 33(1) and immediately after sub-regulation

(1) as renumbered there shall be added the following new sub-

regulation

"(2) The authorised provider referred to in sub-

regulation (1) shall ensure that the minimum

biofuel amounts as a percentage of the total energy

content of MSA EN 228 petrol and MSA EN 590

diesel placed on the market, as provided for in the

Sixth Schedule, are audited and verified to be in

compliance to the sustainability criteria set out in

regulation 4 of the Biofuels (Sustainability Criteria)

Regulations.".

In the First Schedule to the principal regulations for the

"FIRST SCHEDULE

Regulation 8(2)"

there shall be substituted the words

"FIRST SCHEDULE

Regulation 2, 8(2)

Fee due to the Authority for approval as a competent person ..... €35".

In the Second Schedule to the principal regulations for the Amends the

Second

words

Schedule to the

principal

regulations.

"(a) €4,659 per annum in the case of a primary storage

facility which does not exceed 25,000 tonnes capacity;

(b) €9,317 per annum in the case of a primary storage

facility which exceeds 25,000 tonnes but does not exceed

100,000 tonnes capacity;

(c)

€13,976 per annum in the case of a primary storage

facility which exceeds 100,000 tonnes capacity"

there shall be substituted the words

"(a) €1,500 per annum in the case of a primary storage

facility which does not exceed six tonnes capacity, but in the

case of a primary storage facility of LPG such amount of

authorisation fee shall be applicable when the capacity does not

exceed two tonnes;

(b) €2,500 per annum in the case of a primary storage

facility which does not exceed 2,500 tonnes, but in the case of a

primary storage facility of LPG such authorisation fee shall be

applicable when the capacity does not exceed 50 tonnes;

(c)

€5,000 per annum in the case of a primary storage

facility which exceeds the capacities mentioned in paragraph (b)

but which does not exceed 25,000 tonnes capacity;

(d) €10,000 per annum in the case of a primary storage

facility which exceeds 25,000 tonnes but which does not exceed

100,000 tonnes capacity;

(e)

€15,000 per annum in the case of a primary storage

facility which exceeds 100,000 tonnes capacity.".

For the Third Schedule to the principal regulations there

shall be substituted the following

"THIRD SCHEDULE

Regulation 30(1)

Gas Oil falling within CN Code 2710.19.45.00 shall be marked

with CI Solvent Yellow 174 dye added in not less than such a quantity

that gives a colour intensity when measured in a spectrophotometer at

430 ± 10nm, corresponding to 5 mg of CI Solvent Yellow 174 as

defined in the Colour Index per litre of mineral oil.".

€0.36